Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-08-12
F NATION
.~...FoR....
OWNERS AND LOcAToRs
....oF....
M Il M Es
APPLICATION FOR pArrur

APPLICATION FOR PATENT.
mnere papers have once been filed w,,,
register ana Receiver they become .na
,oeo,o, and can neither be Withdraw
eraI Lan5 3 Oa must be transmitted to the Gao
an application will be rejected who, an
sufrption OF the premises is erroneous ar
nppiicAuon for patent will be rejected h.
First The notice was published w,,,ou
knowledge Of the Register. the
eoono-i notice was not published In
newspaper designated 80 published neapest "a a.
Third--Record title was found ao,.,.-.
and ~ oeiecuve,
Fourth-,A previous application had h...
made for the same premises. which w.. pesn
drawn pending q suit in Court commencs Win y.
the adverse claimant. py
An application for patent will ha ,...
when the survey does not accurately de6ns ta
boundaries OF the claim. @e
ance with law. Sword.
Where several parties own separate and A..
tinct portions of q claim, applicafion ~
patent may be made by either for IN At no..i ,of
OF the claim owned by him; but where soxs,.,
parties own undivided interests in , stnasa
claim all should join in an application Sors
patent. ioes
- PCAncd " honOClAIIDU NAV nnRnhana.
many placer locations as the local law admits
and embrace them all In one application for :
patent.
Two or more lodes cannot be embraced u
one application for q patent except for nlsca.
claims embracing two or more lodes within
their boundaries na
Papers sworn to before any person purnort.
Ing to act "a Q deputy for the Register and "a.
ceiver cannot be recorded as evidence.
In all patents for mining claims situatad
fShH khA AA.44-
o clause 10 inserted "excepting and exaindine
all town property, rights upon the surface
and all houses, buildings, structures. lots
blocks, streets, alleys or other munictn,l I'm
provements not belonging to the grantee herr.
IN, ana All rights necessary or proper to the
occupation, possession and enjoyment on ths
same"
Publication of notice must be made n onl,
one newspaper for the period Of so days.
Notice must be published 10 consecutive
weeks In weekly newspapers. and in daily
newspapers go days must elspse between the
first and last insertions.
Where the Register esignates tbs d aily issua
OF 9 newspaper fer publication of notices of 4
mining application for patent IL is not a com.
pliance with law to change to the weekly edi.
the Register.
The existence Of o salt spring on a trsc, Of
land withdrsws II from the operation of the
homestead and presumption laws. A hearing
for the purpose OF proving the agricultural
character Of such land 10 not allowed. Land
containing valuable deposits Of slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must Ale a separate and
distinct claim against each application which
1t Ia alleged conflicts with the premises owned
by such adverse claimant.
The papers in an adverse claim, once fled.
cannot be withdrawn but becomes part Of the
record.
When an adverse claim has been fled IL can.
not be amended so As to embrace q larger Dor.
ton OF the premises than that described In the
original adverse clsim.
An adverse claim must be made out in
proper form and filed in the proper local Office
during the period Of publication Of the sppli.
cation for the patent TO be effective.
1t Is the duty of the adverse claimant o
suit In proper form within the re-
quired time, and IL he trusts The uncertain
medium y the United States mail he mus
abide the consequences. should the dels5
ensue, through misfortune or accident. Should
the failure to commence suit be the result o.
the corrupt or dishonest sction OF hts attorney,
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth II In de-
tail the facts pom which he bases his adverse
claim. A statement in general terms, embody.
ing conclusions Of law, without stating the
facts specially. will not be considered In evi.
dence.
An adverse claimant should show 9 compl.
nee with the local laws in recording his claim
and in regard to expenditures. and shall nlet
copy of the original notice OF his location, and
show the nature or extent Of the conflict
alleged.
An allegation Of parties to q suit that they
compose the company 10 sufficient, and they
are not required TO prove that they are the
original ~locators or the identical parties who
present the adverse claim.
AGRICULTURAL o. MINERAL LANDS.
Where land is of little. II any value, for agri
cultural purposes, but 10 essential to the
proper development of mining claims, II
should be disposed Of under the Mining ACT.
Where lands containing valuable mineral
deposits have been Included In an Agricultural
entry, said entry will be Cancelled ct any uias
prior to issuance OF patent, upOn Satisfactory
evidence Of the existence OF such valuable DO
posits.
covered upon . tract after the SAINT iss osen
On tered as agricultural, but before ! stent hM
been Issued, the parties claiming the mine
may make application for patent for same,
and the agricultural entry will be canceled 70
that portion Of the land embraced by ssia
mining claim.
Whore mineral deposits are discovered Oh
agricultural lands after the patent has peen
issued TO an agricultural claimant. they pass
with the patent.
AGRICULTURAL OOlleBe scrip Cnnhos
ceived In payment for claims.
ALIENS.
A foreigner may make q mining location anu
dispose OF 1t. provided he becomes Q ci..ea
before disposing OF the NINE. Proof thAt %s
party was not 0 citizen before disposing Oh h'
claim must be afirmAtively shown.
Locstors and intermediate owners v.s'
thai applicants, will not be presumed siionm
in the absence of allegation or obJecuon pi"'
to issuance of patent.
The portion of a mining claim SOLO w~
alien cannot be patented while suoh ownsnr
an alien; but on his declaration to oecvm.
citizen his right dates back to MS puIS S.stss
aud he may thereupon secure uni'ea "
patent for his claim.
CROSS EDGEs.
Revised Statutes. Section 1855: .....sst
Where two or more lodges cross orip and
each other, priority Of title shall govern Il ore
such prior location shall be entitled 70 ;nter.
or mineral contained within the space nbsye
section, but the subsequent location shs NJ inter.
the right Of way through the space =
section for the purpose of the : more
working Of the mine. And where tWoU hall
veins unite the oldest or prior iocsnv 10.
take the vein below the point OF un''
Guiding all the space Of intersection.
TUNNELS.
.u for n tunnel